THIS TRIAL CHAMBER of the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991 ("International Tribunal"),

BEING SEIZED of a "Defendant, Dusan Fustarís Emergency Motion Seeking a Temporary Provisional Release," filed by the Defence of Dusan Fustar ("the Accused") on 9 November 2005 ("Motion"), requesting that the Accused be provisionally released from detention for a period of seven days in order to travel to Bosnia and Herzegovina for the funeral of his mother-in-law, which is scheduled for 10 November 2005,

NOTING that the Office of the Prosecutor indicated orally that it opposed the Motion,

CONSIDERING, in any event, that the Motion does not specify whether the authorities of Bosnia and Herzegovina, or of the Republika Srpska, have made any guarantees with regard to the temporary provisional release of the Accused, nor does it indicate whether such guarantees have been sought,

PURSUANT TO Rules 54 and 65 of the Rules of Procedure and Evidence of the International Tribunal,